New York Court of Appeals
William H. Merrick, Plaintiff v. Elizabeth Merrick, Respondent; George F. Bartlett, Appellant
December 31, 1934266 N.Y. 120
Summary
The Court reversed the Appellate Division and Special Term orders granting nunc pro tunc relief, holding that without a prior modification of the divorce decree the marriage was void and the motion to validate it was denied. Justice Crane dissented, arguing that the respondent's prior good conduct justified retroactive consent.